Os mecanismos de uniformização de jurisprudência no direito luso-brasileiro

: um estudo de processo civil comparado

Abstract

A jurisprudence endowed with a certain degree of stability and predictability is of vital importance for the legal security of the litigant. One of the greatest - and oldest - challenges of legal systems is precisely to maintain the cohesion and predictability of jurisprudential decisions, while safeguarding the freedom of the judge. Countries with a civil law tradition, including Portugal and Brazil, have different ways of seeking such cohesion in the judgment of cases with the same ratio decidendi. Therefore, the goal of this work is to do an exercise in comparative civil procedure between the option made by the Portuguese legislator and the one made by the Brazilian legislator. To this end, a historical and dogmatic analysis of these legal systems will be carried out, through the exposition of the evolution of legislative provisions on this subject in recent decades. Once these scenarios are established, it will be possible to compare the legal systems and analyze the main causes, whether cultural, economic, or political, that explain the differences, as well as the points of convergence.

Date of Award	19 Feb 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Rita Lynce de Faria (Supervisor)